PRETRIAL MOTIONS TO DISMISS OR SUPPRESS EVIDENCE

DISPUTING CRIMINAL CHARGES

A good defense attorney argues for dismissal of charges. A GREAT defense attorney successfully argues for dismissal of charges. Sarah Gad is known for her remarkable case dismissal rate.

 

The Attorney's Role

In arguing that a case should be dismissed, usually, the order goes like this: the defense lawyer files a notice of motion to dismiss or suppress evidence. Meaning that we’re putting the court and the prosecutor on notice that we want to try to suppress evidence because we believe that your constitutional rights were violated. That notice has to be filed well in advance. And then, the court sets a hearing called a suppression hearing, usually. In that suppression hearing, or sometimes it’s called a Contested Omnibus Hearing in Minnesota, or even what’s called a Rasmussen Hearing. At any rate, lawyers have to make their arguments in writing in the form of a memorandum of law or their suppression memorandum citing all of our legal arguments. In that, we put the facts of the case, as well as the law, the legal argument, citing case law. Sometimes, using exhibits. Sometimes, using testimony from a hearing.

 

Then, the judge gives the other side an opportunity to respond to that. Usually, that’s the prosecution. They’ll put in, what’s called a Memorandum in Opposition, which means they’re opposing our position on that and telling the judge why they shouldn’t grant our motion to suppress the evidence. And then, sometimes, the defense gets a chance to do, what’s called a Reply Memorandum, where we get to respond to the prosecutor’s arguments. Next, it would go, Defense Memorandum, which means our written argument. Then, the Prosecution Brief, and then a defense reply to that brief.​

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The Judge's Role

Once the judge takes all of that information is the judge reads through everything, and then the judge will issue what’s called an order on those arguments. An order is a judge’s written decision about this. It can be appealed later under some circumstances, but that’s for another video. The point is that sometimes the judge’s order can grant all of the arguments that the defense raises for you. Other times, the judge can reject all of the arguments, of course. Sometimes, we get kind of a hybrid decision, whereas judge will grant some of our suppression motions and deny others. Sometimes, the judge will not have an opportunity to make a decision on whether to grant the motion because the prosecution will dismiss the case before the judge can rule.